Disability Advocates, Inc.
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Subject: Right to Refuse Medication

Ruiz v. Acrish, No. 89 CV 02935 (SDNY 1989)

Disability Advocates and Touro College Mental Disability Law Clinic challenged the New York State Office of Mental Health practice of forcibly administering psychotropic medication to agitated but non-dangerous patients pursuant to “prn for agitation” orders. Such orders authorize psychotropic medication on an as needed or “prn” basis.  The 1995 class action settlement provided that when medication is prescribed “prn for agitation” it may be offered when a patient is agitated, but forced on a patient only when there is imminent dangerousness.   The settlement required training of OMH clinicians, a change in the way these orders are written to reflect these limitations, and quality assurance monitoring to insure compliance.
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